# COMAR Title 22 — State Retirement and Pension System

## Subtitle 06 — Disability Retirement

### Chapter 01 — Definitions and General Provisions

**Authority:** State Personnel and Pensions Article, §§21-110 and 29-101—29-118, Annotated Code of Maryland

**Administrative History:** Effective date: January 1, 1996 (22:26 Md. R. 2031)

**Administrative History:** Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the administrative histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996. Refer to the old version of Title 22 or contact the Maryland State Archives for assistance.

**Administrative History:** Chapter revised effective October 15, 2012 (39:20 Md. R. 1309)

**Administrative History:** Regulation .02B amended effective November 24, 2016 (43:23 Md. R. 1280)

**Administrative History:** Regulation .04B amended effective November 24, 2016 (43:23 Md. R. 1280)

**Administrative History:** Regulation .05B, C amended effective November 24, 2016 (43:23 Md. R. 1280)

#### Regulation .01 Scope.

*COMAR 22.06.01.01*

This subtitle does not apply to the Judges' Retirement System or the Legislative Pension Plan.

#### Regulation .02 Definitions.

*COMAR 22.06.01.02*

A. In this subtitle, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Accidental disability retirement ”means:

    (a) An accidental disability retirement allowance granted in accordance with State Personnel and Pensions Article, §29-109, Annotated Code of Maryland; or

    (b) A special disability retirement allowance granted to a member of the State Police Retirement System in accordance with State Personnel and Pensions Article, §29-111, Annotated Code of Maryland.

  (2) “Applicant” means a member or former member who is the subject of a claim for disability retirement.

  (3) “Application for Disability Retirement” means the form available from the Retirement Agency that:

    (a) Is submitted to the Retirement Agency after the Board of Trustees grants a disability retirement to an applicant;

    (b) Signifies the applicant’s acceptance of a disability retirement; and

    (c) If permitted under State Personnel and Pensions Article, §21-401(a), Annotated Code of Maryland, includes:

      (i) The applicant’s election of the basic allowance or one of the optional forms of allowance payable in accordance with State Personnel and Pensions Article, §21-403, Annotated Code of Maryland; and

      (ii) The applicant’s designation of beneficiary.

  (4) “Board Secretary” means the Secretary for the Board of Trustees.

  (5) “Disability form” means:

    (a) An Application for Disability Retirement;

    (b) A Preliminary Application for Disability Retirement; or

    (c) A Statement of Disability.

  (6) “Disability retirement” means an accidental disability retirement or an ordinary disability retirement.

  (7) “Disability Unit” means the unit established within the Member Services Division of the Retirement Agency.

  (8) “Disabled” means the:

    (a) Applicant is mentally or physically incapacitated for the further performance of the normal duties of the applicant's position;

    (b) Incapacity is likely to be permanent; and

    (c) Applicant should be retired.

  (9) “Former member” has the meaning stated in State Personnel and Pensions Article, §20-101(t), Annotated Code of Maryland.

  (10) “Independent medical evaluation” means an evaluation by a medical practitioner who:

    (a) Has expertise in the diagnosis and treatment of the medical condition of the applicant;

    (b) Is not a treating physician of the applicant; and

    (c) Is retained by the Retirement Agency to provide an independent medical opinion.

  (11) “Judge” means an administrative law judge at the Office of Administrative Hearings.

  (12) “Medical board” means a board of physicians provided for in State Personnel and Pensions Article, §21-126, Annotated Code of Maryland.

  (13) “Office” means the Office of Administrative Hearings established as a unit of State government within the Executive Branch responsible for conducting hearings under State Government Article, Title 9, Subtitle 16, Annotated Code of Maryland.

  (14) “Ordinary disability retirement” means an ordinary disability retirement allowance granted in accordance with State Personnel and Pensions Article, §29-105, Annotated Code of Maryland.

  (15) “Party” means the Retirement Agency or the applicant whose rights are being adjudicated at a hearing conducted by a judge at the Office.

  (16) “Preliminary Application for Disability Retirement” means the form available from the Retirement Agency that:

    (a) Is submitted to the Retirement Agency contemporaneously with the Statement of Disability;

    (b) Signifies an applicant’s acceptance of a disability retirement in the event that the applicant is awarded a disability retirement but dies before the first to occur of the following:

      (i) The date the applicant submits an Application for Disability Retirement; or

      (ii) The date required for submitting an Application for Disability Retirement under COMAR 22.06.05.03 or .04; and

    (c) If permitted under State Personnel and Pensions Article, §21-401(a), Annotated Code of Maryland, includes:

      (i) The applicant’s election of one of the optional forms of allowance payable in accordance with State Personnel and Pensions Article, §21-403(a) or (b, Annotated Code of Maryland); and

      (ii) The applicant’s designation of beneficiary.

  (17) “Service retirement” means a service retirement allowance or a vested allowance payable under State Personnel and Pensions Article, Division II, Annotated Code of Maryland.

  (18) “Statement of Disability” means the form available from the Retirement Agency that:

    (a) Is submitted to the Retirement Agency to request an ordinary disability retirement;

    (b) States whether or not the applicant seeks an accidental disability retirement; and

    (c) Provides the information and documentation required under COMAR 22.06.02.02.

#### Regulation .03 Completion and Submission of a Disability Form.

*COMAR 22.06.01.03*

A. Completion of a Disability Form.

  (1) A disability form is properly completed only if the form:

    (a) Is dated and signed in accordance with §A(2) of this regulation;

    (b) If the form is an Application for Disability Retirement or Preliminary Application for Disability Retirement, is properly acknowledged by a notary public; and

    (c) Is completed in accordance with:

      (i) The form’s instructions; and

      (ii) If the form is a Statement of Disability, the requirements set forth in COMAR 22.06.02.02.

  (2) Signature Requirements.

    (a) Except as provided in §A(2)(b) of this regulation, a disability form shall be signed and dated by the applicant.

    (b) If a disability form is completed for an applicant in accordance with State Personnel and Pensions Article, §29-103, Annotated Code of Maryland, and COMAR 22.06.02.03, the form shall be dated and signed by the individual with authority to submit the form on behalf of the applicant.

B. Submission of a Disability Form.

  (1) A disability form is submitted on the date that it is received by the Retirement Agency at the mailing address provided on the form.

  (2) A disability form is not considered submitted if it is provided to the employer of an applicant.

#### Regulation .04 When Membership in a State System Ends.

*COMAR 22.06.01.04*

A. Membership in a State system ends in accordance with the provisions of State Personnel and Pensions Article, Division II, Annotated Code of Maryland.

B. In the event of the death of a member, membership continues until 11:59 p.m. on the date of death of the member.

#### Regulation .05 Effect of Not Diligently Pursuing Claim or Accepting Disability Award.

*COMAR 22.06.01.05*

A. An applicant shall diligently pursue the applicant's claim for disability retirement.

B. Subject to §C of this regulation, the Retirement Agency shall close an applicant's file if the applicant:

  (1) Does not provide the Retirement Agency information or documentation requested by the Retirement Agency or the medical board within 45 days of the date of the request;

  (2) Does not agree to report for an independent medical evaluation;

  (3) Fails to report for a scheduled independent medical evaluation and does not request a postponement at least 5 business days before the date of the evaluation;

  (4) If the Board of Trustees awards the applicant a disability retirement, fails to accept a disability retirement or a service retirement within 120 days of the date of the Board of Trustees’ award;

  (5) Fails to comply with any time requirement in this subtitle; or

  (6) Otherwise fails to diligently pursue the applicant’s claim for disability retirement.

C. Extensions.

  (1) The Retirement Agency may provide not more than one extension of the date to respond to a request under §B1 of this regulation, for a period not to exceed 45 days, if an emergency or other extenuating circumstances prevented an applicant from timely responding to the request.

  (2) In the case of a request to postpone an appointment for an independent medical evaluation that is received fewer than 5 business days of the date of the scheduled evaluation, the Retirement Agency may only grant the request upon a showing of an emergency or other extenuating circumstances that prevented the applicant’s attendance at the evaluation. The Retirement Agency may require that the applicant make the postponement request in writing and provide documentation to support the request.

D. Effect of Closing File.

  (1) If the Retirement Agency closes an applicant’s file, the applicant’s disability claim is terminated.

  (2) Closing an applicant’s file is not a final decision. The applicant may file a new disability claim if the applicant is eligible to apply at the time that the new disability claim is filed.

  (3) If an applicant chooses to file a new disability claim, a new Statement of Disability and Preliminary Application for Disability Retirement must be properly completed and timely submitted in accordance with the requirements of State Personnel and Pensions Article, Title 29, Annotated Code of Maryland, and this subtitle.

#### Regulation .06 Access to File.

*COMAR 22.06.01.06*

On written request, an applicant may review the applicant's record on file at the Retirement Agency during normal business hours.

### Chapter 02 — Filing for Disability Retirement

**Authority:** State Personnel and Pensions Article, §§21-110 and 29-101—29-118, Annotated Code of Maryland

**Administrative History:** Effective date: January 1, 1996 (22:26 Md. R. 2031)

**Administrative History:** Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the administrative histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996. Refer to the old version of Title 22 or contact the Maryland State Archives for assistance.

**Administrative History:** Chapter revised effective October 15, 2012 (39:20 Md. R. 1309)

**Administrative History:** Regulation .02A amended effective November 24, 2016 (43:23 Md. R. 1280)

**Administrative History:** Regulation .04C, D amended effective November 24, 2016 (43:23 Md. R. 1280)

#### Regulation .01 Filing for Disability Retirement.

*COMAR 22.06.02.01*

Except as provided in State Personnel and Pensions Article, §29-104, Annotated Code of Maryland, and Regulations .03 and .04 of this chapter, to apply for disability retirement, a member must properly complete and submit a Statement of Disability and Preliminary Application for Disability Retirement before the date membership ends.

#### Regulation .02 Statement of Disability.

*COMAR 22.06.02.02*

A. A Statement of Disability submitted to the Retirement Agency shall:

  (1) Identify the mental or physical condition that is claimed to have permanently incapacitated the applicant for the further performance of the normal duties of the applicant’s position;

  (2) Give the applicant’s consent to report for one or more independent medical evaluations at the request of the Retirement Agency; and

  (3) Provide the information and documents requested by the Retirement Agency, including but not limited to:

    (a) A report completed by the applicant’s physician in the format required by the Retirement Agency;

    (b) A written authorization for the release of medical records and personnel records to the Retirement Agency, medical board, and the physicians designated by the Retirement Agency;

    (c) A copy of the applicant’s position description that is signed and dated by the applicant’s employer;

    (d) Any reports of injury filed with the applicant’s employer;

    (e) Any disability determinations rendered by the Social Security Administration;

    (f) The applicant’s attendance record for the 12-month period preceding the submission of the Statement of Disability; and

    (g) The applicant’s most recent written employment performance evaluation, if any.

B. In addition to the requirements set forth in §A of this regulation, if accidental disability retirement is requested, a Statement of Disability shall:

  (1) Identify:

    (a) Every work-related accident that is claimed to entitle the applicant to accidental disability retirement; or

    (b) If the applicant is in the State Police Retirement System or Law Enforcement Officers’ Pension System, every work-related accident or work-related condition that is claimed to entitle the applicant to accidental disability retirement; and

  (2) Provide any workers’ compensation awards related to the claim for accidental disability retirement.

C. An applicant who, at the time of submission of a Statement of Disability, fails to request accidental disability retirement or fails to identify a work-related accident in accordance with §B of this regulation may not later request accidental disability retirement or submit a new claim for accidental disability retirement based upon a work-related accident that took place before the date the applicant submitted the Statement of Disability.

#### Regulation .03 Filing for Disability Retirement for a Member.

*COMAR 22.06.02.03*

A. In this regulation, “department head” means the individual who has the power to make appointments and terminate employment with regard to the member’s position.

B. Except as provided in §§C and D of this regulation, and subject to §E of this regulation, if a member is unable to apply for disability retirement, the member's department head may apply for disability retirement for the member.

C. If a member of the Teachers' Pension System or Teachers' Retirement System is unable to apply for disability retirement, subject to §E of this regulation, the member’s State or county superintendent may file for disability retirement for the member.

D. State Police Retirement System.

  (1) Subject to §E of this regulation, the Secretary of State Police may apply for disability retirement for a member of the State Police Retirement System if the following criteria are satisfied:

    (a) The member:

      (i) Is unable to apply for disability retirement; or

      (ii) Refuses a request of the Secretary of State Police to apply for disability retirement;

    (b) The Secretary of State Police has determined that the member is permanently disabled based on sufficient medical evidence in the form of a written professional opinion from an independent medical practitioner who has recognized expertise in the diagnosis and treatment of the medical condition of the member;

    (c) The onset of the disability occurred at least 1 year before filing for disability retirement; and

    (d) The member has used any administrative leave granted under Public Safety Article, §2-410, Annotated Code of Maryland.

  (2) Procedures upon Submission of Application.

    (a) When submitting an application for disability for a member, the Secretary of State Police shall:

      (i) Submit the medical records and other documentation relied upon for the determination; and

      (ii) Provide a copy of the application and documentation submitted in support of the application to the member.

    (b) The member may submit additional documentation to the Retirement Agency regarding the application for disability.

  (3) If the Board of Trustees approves an application for disability retirement filed by the Secretary of State Police on behalf of a member of the State Police Retirement System, the member on whose behalf the application is filed shall be entitled to a hearing to contest a finding of disability in accordance with COMAR 22.06.06.02A(2), unless the member waives the hearing in writing.

E. Filing Requirements.

  (1) To apply for disability retirement for a member, a Statement of Disability and Preliminary Application for Disability Retirement must be properly completed and submitted to the Retirement Agency before the date membership ends.

  (2) Beneficiary and Option Election.

    (a) If a Preliminary Application for Disability Retirement is submitted for a member who is unable to apply, and if the election of an option and designation of beneficiary is permitted under State Personnel and Pensions Article, §21-401(a), Annotated Code of Maryland:

      (i) The last designation of beneficiary form that was properly completed and filed with the Retirement Agency by the member shall serve as the designation of beneficiary for purposes of the Preliminary Application for Disability Retirement; and

      (ii) If the member’s spouse or disabled child as defined under §72(m)(7) of the Internal Revenue Code is the sole primary beneficiary, then the member will be deemed to have selected option 2, payable under State Personnel and Pensions Article, §21-403(b), Annotated Code of Maryland; otherwise, the member will be deemed to have selected option 1, payable under State Personnel and Pensions Article, §21-403(a), Annotated Code of Maryland.

    (b) In the event that the member is later able to apply for disability retirement, the member may submit a revised Preliminary Application for Disability Retirement to update the member’s option election and beneficiary designation; however, the member may change the option election only if the member notifies the Retirement Agency before the first allowance payment normally becomes due.

#### Regulation .04 Disability Form Filed by a Former Member.

*COMAR 22.06.02.04*

A. A former member who satisfies the requirements set forth in §B of this regulation may apply for disability retirement only if the former member proves to the satisfaction of the medical board that the failure to apply for disability retirement before the date membership ended was attributable solely to the physical or mental incapacity of the former member during membership.

B. Applying for a Disability Retirement.

  (1) To apply for disability retirement, a former member shall:

    (a) Properly complete and submit a Statement of Disability and Preliminary Application for Disability Retirement within 24 months after the month membership ended; or

    (b) If the former member was in the Teachers’ Retirement System, properly complete and submit a Statement of Disability and Preliminary Application for Disability Retirement within 12 months after the month membership ended.

  (2) At the time the former member submits the required disability forms, the former member shall submit documentary evidence and a written statement attesting that the former member’s failure to submit the disability forms before the date membership ended was attributable solely to the physical or mental incapacity of the former member before the date membership ended.

C. To determine whether the former member’s failure to apply for disability retirement before the date membership ended was attributable solely to the physical or mental incapacity of the former member during the filing period, the medical board:

  (1) Shall consider whether the former member’s physical or mental impairment substantially limited the applicant’s major life activities during the filing period;

  (2) Shall review the evidence submitted by the former member in support of the claim; and

  (3) May request the former member to:

    (a) Submit additional evidence, and

    (b) Report for an independent medical evaluation.

D. Medical Board Determination.

  (1) Following review of all the evidence relating to the issue of whether the former member failed to timely file a disability form, the medical board shall make one of the following decisions:

    (a) Certify that the former member’s failure to file a disability form during the filing period was attributable solely to physical or mental incapacity before the date membership ended; or

    (b) Determine that the former member’s failure to file a disability form was not attributable solely to physical or mental incapacity before the date membership ended.

  (2) If the medical board certifies a former member’s claim under §D(1)(a) of this regulation, the Retirement Agency shall notify the former member of the medical board's decision and accept the former member’s disability forms for processing as provided in COMAR 22.06.03.

  (3) If the medical board determines that the former member’s failure to file was not attributable solely to the physical or mental incapacity of the former member before the date membership ended, the former member may request a reconsideration of the medical board’s decision by following the procedures set forth in COMAR 22.06.03.03. If, after reconsideration, the medical board affirms its initial decision and rejects the former member’s disability forms, the former member may request a hearing before a judge to be conducted as provided in COMAR 22.06.06 by filing a written request for a hearing not later than 30 days after the date of the notice of the medical board’s determination.

#### Regulation .05 Application for Service and Disability Retirement.

*COMAR 22.06.02.05*

A. A member or former member who has filed an application for service retirement may not apply for disability retirement on or after the effective date of retirement.

B. A member or former member who applies for service retirement may apply for disability retirement only if the member or former member submits a properly completed Statement of Disability and Preliminary Application for Disability Retirement before the effective date of retirement.

C. If the member or former member does not comply with §B of this regulation, or does not diligently pursue the application for disability retirement in accordance with COMAR 22.06.01.05, the Retirement Agency shall close the member or former member’s file and the member or former member shall have no further right to apply for disability retirement.

#### Regulation .06 Terminal Illness.

*COMAR 22.06.02.06*

An applicant who is terminally ill or an employer who files for disability retirement for a member who is terminally ill may request expedited review of the applicant’s disability claim by providing medical documentation to the Retirement Agency indicating that the applicant is terminally ill.

### Chapter 03 — Review of Claims for Disability Retirement

**Authority:** State Personnel and Pensions Article, §§21-110 and 29-101—29-118, Annotated Code of Maryland

**Administrative History:** Effective date: January 1, 1996 (22:26 Md. R. 2031)

**Administrative History:** Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the administrative histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996. Refer to the old version of Title 22 or contact the Maryland State Archives for assistance.

**Administrative History:** Chapter revised effective October 15, 2012 (39:20 Md. R. 1309)

**Administrative History:** Regulation .01A amended effective November 24, 2016 (43:23 Md. R. 1280)

**Administrative History:** Regulation .02C amended effective November 24, 2016 (43:23 Md. R. 1280)

#### Regulation .01 Disability Unit’s Review.

*COMAR 22.06.03.01*

A. Disability Forms Review.

  (1) On receipt of a Statement of Disability and Preliminary Application for Disability Retirement, the Disability Unit will conduct a disability forms review to determine whether:

    (a) The appropriate disability forms have been properly completed and include the required information and documentation;

    (b) Except as permitted under COMAR 22.06.02.04, the disability forms were submitted to the Retirement Agency before the date membership ended; and

    (c) If the applicant has filed a claim for ordinary disability retirement only, the applicant has at least 5 years of eligibility service.

  (2) If the Disability Unit determines that the applicant has not satisfied the requirement set forth in §A(1)(a) of this regulation, the Disability Unit shall:

    (a) Reject the disability forms;

    (b) Return the disability forms to the applicant;

    (c) Notify the applicant that the applicant may refile for disability retirement if the applicant properly completes and timely submits a new Statement of Disability and Preliminary Application for Disability Retirement; and

    (d) Close the applicant’s file in accordance with COMAR 22.06.01.05B.

  (3) Denial of Disability Claim.

    (a) If the Disability Unit determines that the applicant has not satisfied the requirement set forth in §A(1)(b) or (c) of this regulation:

      (i) The Retirement Agency shall deny the disability claim; and

      (ii) The Disability Unit shall provide the applicant written notice of the denial of the disability claim and the applicant’s appeal rights under §A(3)(b) and (c) of this regulation and in accordance with COMAR 22.06.05.05.

    (b) The applicant may appeal the denial of the disability claim by submitting a written request for a hearing in the format required under COMAR 22.03.04.07B to the Executive Director within 30 days of the date of the Disability Unit’s notice of the denial of the disability claim.

    (c) If the applicant does not submit a written request for a hearing to the Executive Director within 30 days of the date of the Disability Unit’s notice, the applicant shall not have any further right to appeal the denial of the disability claim.

B. Review of Claim by Applicant with Fewer than 5 Years of Eligibility Service.

  (1) An applicant who has fewer than 5 years of eligibility service is not eligible for ordinary disability retirement.

  (2) If the applicant has filed a claim for accidental disability retirement, the Disability Unit and medical board may review the applicant’s claim for eligibility for accidental disability retirement only.

C. The Disability Unit may request an applicant or an applicant’s employer to submit additional information, including but not limited to:

  (1) Records of proceedings before, or any decisions issued by the Workers’ Compensation Commission or Social Security Administration;

  (2) The applicant’s personnel records; and

  (3) Any other information the Disability Unit considers relevant to the determination of the disability claim.

D. Review of Claims for Accidental Disability Retirement.

  (1) Except as provided in §D(2) of this regulation, the Disability Unit shall review an applicant’s claim for accidental disability retirement to determine whether the event claimed to be the natural and proximate cause of the applicant’s disability was an accident that occurred in the actual performance of duty at a definite time and place without willful negligence by the applicant.

  (2) If the applicant is in the State Police Retirement System or Law Enforcement Officers’ Pension System:

    (a) Subject to §D(2)(b) of this regulation, the Disability Unit shall review the applicant’s claim for accidental disability retirement to determine whether the occurrence or condition claimed to be the cause of the applicant’s disability arose out of and in the course of the actual performance of duty without willful negligence by the applicant.

    (b) If the applicant is a member of the Deferred Retirement Option Program who commenced participation on or after July 1, 2008, the Disability Unit shall also review the applicant’s claim to determine whether the occurrence claimed to be the cause of the applicant’s disability arose out of and in the course of the actual performance of duty during the member’s participation in the Deferred Retirement Option Program, without willful negligence by the applicant.

  (3) Except if the applicant is in the State Police Retirement System, Law Enforcement Officers’ Pension System, or Correctional Officers’ Retirement System, the Disability Unit may not consider an accident that took place more than 5 years before the date that the Statement of Disability and Preliminary Application for Disability Retirement was submitted to the Retirement Agency.

#### Regulation .02 The Medical Board’s Review.

*COMAR 22.06.03.02*

A. Disabled or Not.

  (1) In a claim for ordinary or accidental disability retirement, the medical board shall certify whether or not:

    (a) An applicant is mentally or physically incapacitated for the further performance of the normal duties of the applicant’s position;

    (b) The incapacity is likely to be permanent; and

    (c) The applicant should be retired.

  (2) In making the determination set forth in §A(1) of this regulation, the medical board shall consider:

    (a) The nature of the applicant’s normal job duties;

    (b) Whether the applicant currently performs of the normal duties of the applicant’s position without restriction; and

    (c) Whether the applicant is not performing the normal duties of the applicant’s position for a reason other than a permanent mental or physical incapacity.

B. Accidental Disability Retirement.

  (1) In a claim for accidental disability retirement, the medical board shall make a recommendation regarding whether an applicant:

    (a) Is totally and permanently incapacitated for duty as the natural and proximate result of an accident that occurred in the actual performance of duty at a definite time and place without willful negligence by the applicant; or

    (b) Except as provided in §B(2) of this regulation, if the applicant is in the State Police Retirement System or Law Enforcement Officers’ Pension System, is totally and permanently incapacitated for the further performance of duty arising out of and in the course of the actual performance of duty without willful negligence by the applicant.

  (2) If an applicant is a member of the Deferred Retirement Option Program who commenced participation on or after July 1, 2008, in a claim for accidental disability retirement, the medical board shall make a recommendation whether the applicant:

    (a) Became totally and permanently incapacitated for the further performance of duty after commencing participation in the Deferred Retirement Option Program; and

    (b) Is totally and permanently incapacitated for the further performance of duty by an occurrence that arose out of and in the course of the actual performance of duty while participating in the Deferred Retirement Option Program without willful negligence by the applicant.

  (3) In making the determination set forth in §B(1) or (2) of this regulation, the medical board:

    (a) Shall consider the Disability Unit’s findings under Regulation .01D of this chapter; and

    (b) Except if the applicant is in the State Police Retirement System, Law Enforcement Officers’ Pension System, or Correctional Officers’ Retirement System, may not consider an accident that took place more than 5 years before the date that the Statement of Disability and Preliminary Application for Disability Retirement was submitted to the Retirement Agency.

C. Procedures for Medical Board’s Review.

  (1) The medical board shall review an applicant's Statement of Disability and additional evidence submitted by the applicant or obtained by the Retirement Agency.

  (2) The medical board may take one or more of the following actions to facilitate its review of the applicant’s claim:

    (a) Request additional information from the applicant or the applicant’s employer pertaining to the applicant's claim;

    (b) Require the applicant to report for an independent medical evaluation; or

    (c) Suspend its review for a period not to exceed 1 year in order to evaluate the effectiveness of treatment or consider whether an applicant has reached maximum medical improvement.

#### Regulation .03 Determination of an Applicant’s Claim.

*COMAR 22.06.03.03*

A. Disability Has Been Certified.

  (1) Except as provided in §A(2) of this regulation, if the medical board certifies that the applicant is disabled and recommends that the Board of Trustees grant ordinary disability retirement, the Disability Unit shall forward the certification to the Executive Director for action by the Board of Trustees as provided in COMAR 22.06.05.

  (2) If the applicant is not eligible for ordinary disability retirement because the applicant has fewer than 5 years of eligibility service, the Disability Unit shall forward the certification only if the medical board recommends that the Board of Trustees grant accidental disability retirement.

  (3) In the case of an applicant who has been certified disabled by the medical board and who filed a claim for accidental disability retirement:

    (a) If the medical board recommends that the Board of Trustees grant accidental disability retirement, the Disability Unit shall forward its recommendation to the Executive Director for action by the Board as provided in COMAR 22.06.05; or

    (b) If the medical board recommends that the Board of Trustees deny accidental retirement, following action by the Board of Trustees on the award of ordinary disability retirement as provided in COMAR 22.06.05, the Disability Unit shall:

      (i) Notify the applicant of the Board of Trustees’ decision on ordinary disability retirement in accordance with COMAR 22.06.05.02C; and

      (ii) Advise the applicant of the medical board’s recommended denial of accidental disability retirement and the applicant’s right to request reconsideration of the medical board’s recommendation as provided in §C of this regulation.

B. Disability Has Not Been Certified. If the medical board determines that the applicant is not disabled, the Disability Unit shall notify the applicant of the medical board’s determination and advise the applicant of the applicant’s right to request reconsideration as provided in §C of this regulation.

C. Requests for Reconsideration.

  (1) An applicant who disagrees with the recommendation of the medical board may request not more than one reconsideration of the recommendation.

  (2) Subject to §C(3) of this regulation, to request reconsideration, within 30 days of the date of the Disability Unit’s notice of the medical board’s recommended denial of a disability retirement, an applicant shall submit to the Disability Unit:

    (a) A written request for reconsideration; and

    (b) Additional documentation, if any, to support the applicant’s claim for disability retirement in connection with the reconsideration.

  (3) Reconsideration When Disability Has Been Certified.

    (a) This subsection applies if an applicant has been certified disabled by the medical board and awarded ordinary disability retirement pursuant to COMAR 22.06.05.03, but the medical board has recommended denial of accidental disability retirement following its review pursuant to COMAR 22.06.03.02B.

    (b) In addition to the requirements set forth in §C(2) of this regulation, an applicant who has been awarded an ordinary disability retirement shall, within 120 days of the date of the Disability Unit’s notice, accept an ordinary disability retirement or a service retirement in accordance with COMAR 22.06.05.03.

  (4) The Retirement Agency shall close the applicant’s file in accordance with COMAR 22.06.01.05B if:

    (a) The applicant fails to submit a written request for reconsideration within 30 days of the Disability Unit’s notice of the medical board’s recommended denial of a disability retirement; or

    (b) If the applicant was awarded ordinary disability retirement, the applicant fails to accept an ordinary disability retirement or a service retirement in accordance with COMAR 22.06.05.03 within 120 days of the date of the Disability Unit’s notice.

### Chapter 04 — Reconsideration

**Authority:** State Personnel and Pensions Article, §§21-110 and 29-101—29-118, Annotated Code of Maryland

**Administrative History:** Effective date: January 1, 1996 (22:26 Md. R. 2031)

**Administrative History:** Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the administrative histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996. Refer to the old version of Title 22 or contact the Maryland State Archives for assistance.

**Administrative History:** Regulations .01—.04 repealed and new Regulation .01 adopted effective October 15, 2012 (39:20 Md. R. 1309)

**Administrative History:** Regulation .01C amended effective November 24, 2016 (43:23 Md. R. 1280)

#### Regulation .01 Reconsideration.

*COMAR 22.06.04.01*

A. If an applicant, in accordance with COMAR 22.06.03.03C, timely requests reconsideration of a recommendation to deny ordinary disability retirement, the medical board shall reconsider an applicant's file, including any additional evidence submitted with the applicant's request for reconsideration.

B. If an applicant, in accordance with COMAR 22.06.03.03C, timely requests reconsideration of a recommendation to deny accidental disability retirement, the medical board and the Disability Unit shall reconsider an applicant's file, including any additional evidence submitted with the applicant's request for reconsideration.

C. The medical board or the Disability Unit may take one or more of the following actions to facilitate reconsideration:

  (1) Request additional information from the applicant or the applicant’s employer;

  (2) Require the applicant to report for an independent medical evaluation; or

  (3) Suspend review for a period not to exceed 1 year until a determination can be reached regarding the effectiveness of treatment or whether the applicant has reached maximum medical improvement.

D. Submission of Additional Information.

  (1) Except as provided in §C(2) of this regulation, the applicant shall submit to the medical board or Disability Unit any requested information within 45 days of the date of the request.

  (2) At the request of the applicant or to facilitate its review of the applicant's Statement of Disability, the medical board or Disability Unit may provide not more than one extension of the date for submission of additional evidence for a period not to exceed 30 days.

E. At the conclusion of the reconsideration, the medical board shall certify whether or not the applicant is disabled. If accidental disability retirement is requested, the medical board shall make a recommendation whether the Board of Trustees should grant or deny accidental disability retirement. The Disability Unit shall forward the medical board's recommendation to the Executive Director for action by the Board of Trustees as provided in COMAR 22.06.05.

### Chapter 05 — Board of Trustees Review

**Authority:** State Personnel and Pensions Article, §§21-108, 21-110 and 29-101—29-118, Annotated Code of Maryland

**Administrative History:** Effective date: January 1, 1996 (22:26 Md. R. 2031)

**Administrative History:** Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the administrative histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996. Refer to the old version of Title 22 or contact the Maryland State Archives for assistance.

**Administrative History:** Regulation .06 adopted effective October 5, 1998 (25:20 Md. R. 1533)

**Administrative History:** Regulations .01—.06 amended effective October 15, 2012 (39:20 Md. R. 1309)

#### Regulation .01 Disability Report.

*COMAR 22.06.05.01*

A. At each regular meeting of the Board of Trustees, the Executive Director shall submit a disability report to the Board of Trustees that summarizes the recommendations of the medical board on the claims for disability retirement.

B. At a minimum, the disability report shall contain the following information:

  (1) The name of each applicant whom the medical board recommends be granted an ordinary disability retirement;

  (2) The name of each applicant whom the medical board recommends be granted an accidental disability retirement;

  (3) The name of each applicant whom the medical board recommends be granted an ordinary disability retirement but denied an accidental disability retirement; and

  (4) The name of each applicant whom the medical board recommends be denied an ordinary disability retirement or an accidental disability retirement.

#### Regulation .02 Board of Trustees' Action on the Disability Report.

*COMAR 22.06.05.02*

A. With respect to each applicant listed on the disability report, a majority of the Board of Trustees shall:

  (1) Adopt the recommendation of the medical board to grant or deny a disability retirement; or

  (2) Remand the disability claim to the Retirement Agency for additional review or information.

B. If the Board of Trustees remands a disability claim, the Board of Trustees shall specify the basis for the remand and notify the Retirement Agency what additional review or information is requested.

C. Disability Unit’s Notice.

  (1) Promptly following the Board of Trustees’ action with respect to an applicant’s disability claim, the Disability Unit shall send written notice to the applicant of the Board of Trustees' action and advise the applicant of the applicant's rights as provided in Regulations .03—.05 of this chapter.

  (2) If an applicant has been granted an ordinary or accidental disability retirement, the Disability Unit shall:

    (a) Notify the applicant’s appointing authority that the applicant has been approved for disability retirement; and

    (b) If the applicant is a State employee:

      (i) Notify the Department of Budget and Management, Office of Personnel Services and Benefits, that the applicant has been approved for disability retirement; and

      (ii) Advise the appointing authority that the applicant shall be considered resigned from State service as of the 120th day after the date of the Disability Unit’s notice to the applicant, in accordance with COMAR 17.04.03.16E.

#### Regulation .03 Grant of Ordinary Disability Retirement or Accidental Disability Retirement.

*COMAR 22.06.05.03*

A. Except as provided in Regulation .04 of this chapter, this regulation applies to an applicant who is granted a disability retirement.

B. Acceptance of Ordinary Disability Retirement or Accidental Disability Retirement.

  (1) Except as provided in §B(2) of this regulation, an applicant who is granted [either] an ordinary disability retirement or an accidental disability retirement shall, within 120 days of the date of the Disability Unit’s notice, properly complete and submit an Application for Disability Retirement to the Retirement Agency, accepting the disability retirement.

  (2) Instead of accepting a disability retirement, an applicant who is eligible to receive a service retirement may accept the service retirement by properly completing and submitting an Application for Service Retirement within 120 days of the date of the Disability Unit’s Notice.

C. If the applicant does not accept a disability retirement or service retirement within 120 days of the date of the Disability Unit’s notice to the applicant, the Retirement Agency shall close the applicant's file in accordance with COMAR 22.06.01.05B.

#### Regulation .04 Grant of Ordinary Disability Retirement and Denial of Accidental Disability.

*COMAR 22.06.05.04*

A. Scope.

  (1) Except as provided in §A(2) of this regulation, this regulation applies to an applicant who is granted an ordinary disability retirement and denied an accidental disability retirement by the Board of Trustees in accordance with Regulation .02 of this chapter.

  (2) The denial of an accidental disability retirement for an applicant who previously accepted an ordinary disability retirement and requested reconsideration of the medical board’s recommended denial of accidental retirement in accordance with COMAR 22.06.03.03C(3) is governed by Regulation .05 of this chapter.

B. Acceptance of Ordinary Disability Retirement or Service Retirement.

  (1) Except as provided in §B(2) of this regulation, an applicant who is granted an ordinary disability retirement and denied an accidental disability retirement by the Board of Trustees shall, within 120 days of the date of the Disability Unit’s notice, properly complete and submit an Application for Disability Retirement to the Retirement Agency, accepting the ordinary disability retirement.

  (2) Instead of accepting an ordinary disability retirement, an applicant who is eligible to receive a service retirement may accept a service retirement by properly completing and submitting an Application for Service Retirement within 120 days of the date of the Disability Unit’s notice.

  (3) If the applicant does not accept an ordinary disability retirement or a service retirement within 120 days of the date of the Disability Unit’s notice to the applicant, the Retirement Agency shall close the applicant's file in accordance with COMAR 22.06.01.05B.

C. Appeal of Denial of Accidental Disability Retirement.

  (1) An applicant may appeal the denial of an accidental disability retirement by simultaneously submitting a written request for hearing to the Retirement Agency on the same date that the applicant timely submits a properly completed Application for Disability Retirement or Application for Service Retirement in accordance with §B of this regulation.

  (2) An applicant who fails to submit a written request for hearing on the same date that the applicant timely submits a properly completed Application for Disability Retirement or Application for Service Retirement to the Retirement Agency shall not have any further right to appeal the denial of accidental disability retirement.

#### Regulation .05 Denial of Ordinary Disability Retirement or Accidental Disability Retirement.

*COMAR 22.06.05.05*

A. Except as provided in Regulation .04 of this chapter, this regulation applies to an applicant who has been denied a disability retirement by the Board of Trustees.

B. To appeal the denial of a disability retirement, an applicant shall file a written request for a hearing not later than 30 days after the date of the Disability Unit’s notice.

C. If the request for a hearing under §B of this regulation is not filed within 30 days of the date of the Disability Unit’s notice, the Retirement Agency shall close the applicant's file in accordance with COMAR 22.06.01.05B.

#### Regulation .06 Effective Date of Disability Retirement.

*COMAR 22.06.05.06*

A. Effective Date of Retirement.

  (1) Except as provided in §A(2) of this regulation, if the Board of Trustees grants a disability retirement to an applicant and the applicant accepts the disability retirement as provided in Regulations .03 and .04 of this chapter, the applicant's effective date of retirement is the later of the:

    (a) First day of the month following the last day the applicant was on payroll, as certified by the applicant's employer;

    (b) First day of the month following the date the Retirement Agency receives a properly completed Statement of Disability and Preliminary Application for Disability Retirement; or

    (c) First day of the month when the applicant desires to retire as set forth on the Application for Disability Retirement that is properly completed and submitted to the Retirement Agency.

  (2) The effective date of retirement may not be later than 120 days from the date of the Disability Unit’s notice to the applicant.

B. Payment of Retirement Allowance.

  (1) Except as provided in §B(2) of this regulation, as soon as practicable after the Board of Trustees grants a disability retirement, the Retirement Agency shall:

    (a) Process the applicant’s Application for Disability Retirement and begin payment of the disability retirement allowance; and

    (b) Make a retroactive payment of the disability retirement allowance to the applicant as of the first day of the month following the applicant's effective date of retirement, if necessary.

  (2) The Retirement Agency may not pay an applicant a disability retirement allowance before the Board of Trustees grants the retirement allowance for disability.

### Chapter 06 — Hearings Before the Office

**Authority:** State Personnel and Pensions Article, §§21-110(b) and 29-101—29-118, Annotated Code of Maryland

**Administrative History:** Effective date: January 1, 1996 (22:26 Md. R. 2031)

**Administrative History:** Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the administrative histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996. Refer to the old version of Title 22 or contact the Maryland State Archives for assistance.

**Administrative History:** Regulation .02 amended effective October 15, 2012 (39:20 Md. R. 1309)

**Administrative History:** Regulation .02A, G amended effective November 24, 2016 (43:23 Md. R. 1280)

**Administrative History:** Regulation .02C, F, G amended effective February 27, 2006 (33:4 Md. R. 354)

**Administrative History:** Regulation .02H repealed effective November 24, 2016 (43:23 Md. R. 1280)

**Administrative History:** Regulation .03 adopted effective November 24, 2016 (43:23 Md. R. 1280)

**Administrative History:** Regulation .04 adopted effective November 24, 2016 (43:23 Md. R. 1280)

**Administrative History:** Regulation .05 adopted effective November 24, 2016 (43:23 Md. R. 1280)

#### Regulation .01 Scope.

*COMAR 22.06.06.01*

A. This chapter supplements the notice and hearing requirements of the:

  (1) Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland; and

  (2) Regulations issued by the Office of Administrative Hearings in COMAR 28.02.01.

B. In the event of a conflict with COMAR 28.02.01, the provisions set forth in this chapter control the conduct of a hearing.

#### Regulation .02 Hearings — General.

*COMAR 22.06.06.02*

A. When Hearings Shall Be Held.

  (1) If an applicant timely files a written request for a hearing, a hearing shall be held if:

    (a) The Board of Trustees denied the applicant a disability retirement allowance under COMAR 22.06.05;

    (b) The medical board rejected the disability forms submitted by a former member under COMAR 22.06.02.04; or

    (c) The Disability Unit denied the disability claim of an applicant under COMAR 22.06.03.01A(3).

  (2) Unless the member waives the hearing in writing, a hearing shall be held if the Board of Trustees approves an application submitted by the Secretary of State Police on behalf of the member in accordance with COMAR 22.06.02.03D.

B. Date, Time, Place, and Notice of Hearing.

  (1) The Retirement Agency shall coordinate with the applicant and the Office to schedule a hearing before a judge at the central office of the Office of Administrative Hearings.

  (2) The designation of a site for a hearing, other than the central office of the Office of Administrative Hearings, requires the Retirement Agency’s consent.

  (3) The Office shall issue a written hearing notice that conforms to State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, within a reasonable time before the hearing.

C. Each party is required to provide every other party with a copy of any written communication with the Office or a judge, including but not limited to a request for postponement or a request for a subpoena.

D. Not less than 20 days prior to the hearing, each party shall provide written notification to every other party of the name and identify of each witness the party may call to testify at the hearing.

E. Conduct of the Hearing.

  (1) The burden of proof shall be on the applicant.

  (2) An applicant may represent oneself at the hearing, or may be represented by an attorney who is licensed to practice law in Maryland.

F. Official Record.

  (1) The judge shall prepare and submit to the Retirement Agency an official record of the hearing which shall include all orders, pleadings, exhibits, materials submitted in connection with any prehearing conference, other material filed in the proceeding, and any testimony transcribed according to §F(2) of this regulation.

  (2) A party may request a transcript of the record of the proceedings. The cost of typewritten transcripts shall be paid by the party requesting the transcript.

G. Final Decision.

  (1) The judge shall prepare a summary of the testimony, comment on credibility and demeanor of the witnesses, and prepare written findings of fact and conclusions of law, and shall issue a final decision within 90 days after the completion of the hearing.

  (2) The judge shall mail a copy of the decision to the parties and the Board Secretary.

#### Regulation .03 Judicial Review.

*COMAR 22.06.06.03*

A party who is aggrieved by a final decision of a judge is entitled to judicial review of the decision in accordance with State Government Article, §10-222, Annotated Code of Maryland.

#### Regulation .04 Adjustment in Allowance.

*COMAR 22.06.06.04*

The Retirement Agency shall adjust the allowance of a retiree who is subsequently granted an ordinary disability retirement or an accidental disability retirement retroactively to the effective date of retirement.

#### Regulation .05 Effect of Death Before Final Decision.

*COMAR 22.06.06.05*

If the applicant dies before the final decision on the applicant’s appeal for an ordinary disability retirement or an accidental disability retirement, or both, the claim shall terminate. Survivor benefits, if any, shall be paid in accordance with the selection made by the applicant for the retirement allowance granted and accepted before death.

### Chapter 07 — Final Decision by the Board of Trustees

*Repealed*

**Administrative History:** Effective date: January 1, 1996 (22:26 Md. R. 2031)

**Administrative History:** Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the administrative histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996. Refer to the old version of Title 22 or contact the Maryland State Archives for assistance.

**Administrative History:** Regulation .01 amended effective May 17, 1999 (26:10 Md. R. 799

**Administrative History:** Regulation .07 amended and recodified to Regulation .08, Regulations .08 and .09 recodified to Regulations .09 and .10, and new Regulation .07 adopted effective May 17, 1999 (26:10 Md. R. 799)

**Administrative History:** Chapter revised effective February 27, 2006 (33:4 Md. R. 354)

**Administrative History:** Chapter revised effective October 15, 2012 (39:20 Md. R. 1309)

**Administrative History:** Regulations .01—.10 repealed effective November 24, 2016 (43:23 Md. R. 1280)